Aggravated Assault Sentences in 2016: Federal Court vs. Courts-Martial
In 2016, the median confinement for the 10 court-martial convictions for aggravated assault under Article 128 was 36 months. In federal court in fiscal year 2016, the median prison term for the 365 people sentenced under guideline §2A2.2 was 36.9 months. The middle sentences were about the same, but
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In brief: In 2016, the median confinement for the 10 court-martial convictions for aggravated assault under Article 128 was 36 months. In federal court in fiscal year 2016, the median prison term for the 365 people sentenced under guideline §2A2.2 was 36.9 months. The middle sentences were about the same, but the military group is small and the military and federal records do not count the same set of cases.
This post uses the U.S. Sentencing Commission's records of 365 people sentenced in federal court in fiscal year 2016, compared with court-martial results from this site's Military Trial Results data (updated November 2, 2026). Acquittals and dismissals come from a second source, the Federal Judicial Center's records of 753,808 federal defendants whose cases ended in fiscal years 2016 to 2025. It is part of the Federal Prosecution Analysis series, which builds on Military Moves Toward Sentencing Guidelines to Mirror the Federal System. How the numbers were built: How the Federal Comparison Data Was Built.
Middle Sentences Close Together in 2016
A median is the middle sentence when all sentences are lined up from shortest to longest. For aggravated assault in 2016, the court-martial median was 36 months (3 years) and the federal median was 36.9 months (3.1 years).
The upper ends were further apart. A quarter of the court-martial convictions carried 112.4 months of confinement or more. In federal court, a quarter of those sent to prison received 63 months or more.
All 10 court-martial convictions with a sentence recorded included confinement (100%). In federal court, 354 of the 365 (97%) received a prison term, and 9 (2%) received probation only.
| Courts-martial, 2016 | Federal court, FY2016 | |
|---|---|---|
| Convictions or people sentenced | 10 | 365 |
| Sentenced to confinement or prison | 100% | 97% |
| Median confinement or prison | 36 months | 36.9 months |
| A quarter received this or more | 112.4 months | 63 months |
| Pleaded guilty | 1 of 5 with a plea recorded (1 of 5) | 95% |
| Mandatory minimum applied | See the caveats | 17 of 361 with the information (5%) |
How Small Is the 2016 Court-Martial Group?
The court-martial records list 10 convictions for aggravated assault with trial dates in 2016. The Air Force had 8 of them and the Navy had 2.
Army court-martial records in this data begin in 2020. For that reason, no Army cases appear in the 2016 count.
With only 10 convictions, a few long sentences can move the median and the upper quarter a great deal. These numbers describe one year of a few cases, not a trend.
Discharges and the Level of Court
All 10 people convicted were enlisted members. Of those, 9 received a punitive discharge (90%): 6 dishonorable discharges and 3 bad-conduct discharges.
A general court-martial is the highest level of military trial court, and it can impose the most serious sentences. 9 of the 10 convictions (90%) were at a general court-martial.
Federal court has no discharge. The closest federal measure is supervised release after prison, which was ordered for 343 people (94%), with a median term of 36 months.
Guilty Pleas and Trials
A plea was recorded for only 5 of the 10 court-martial convictions. Of those 5, 1 was a guilty plea. The 1 guilty plea case had confinement of 117.9 months, and the 4 contested cases with confinement had a median of 54 months.
Federal cases mostly ended in a guilty plea. 345 of 365 (95%) pleaded guilty, and 20 were convicted after a trial. The median prison term was 36 months after a guilty plea and 71 months after a trial.
Among federal guilty pleas, 92% had a written plea agreement. The other 8% were straight pleas with no agreement.
Where Federal Sentences Fell Against the Guidelines
Federal judges start from a guideline range set by the Sentencing Commission rules. In fiscal year 2016, 44% of these sentences (160) were within the range.
Another 23% (83) were below the range at the government's request, and 21% (77) were below the range without one. 12% (45) were above the range.
A mandatory minimum prison term applied to 17 people (5%). A fine was ordered for 5 (1%) and restitution for 100 (27%). In criminal history, 37% were in the lowest category, category I, and 14% in the highest, category VI. Court-martial records have no criminal history field.
The Other Years for Context
Across 2016 to 2025, the court-martial records hold 214 aggravated assault convictions, with a median confinement of 11.3 months. Federal court sentenced 4,493 people over fiscal years 2016 to 2025, with a median prison term of 40 months. The yearly federal numbers are in the table below.
| Fiscal year | People sentenced | Median prison | Pleaded guilty |
|---|---|---|---|
| 2016 | 365 | 36.9 months | 95% |
| 2017 | 383 | 37 months | 96% |
| 2018 | 398 | 39.5 months | 94% |
| 2019 | 413 | 40 months | 94% |
| 2020 | 341 | 40 months | 96% |
| 2021 | 406 | 37 months | 95% |
| 2022 | 524 | 41 months | 94% |
| 2023 | 525 | 43 months | 93% |
| 2024 | 583 | 40 months | 91% |
| 2025 | 555 | 41 months | 91% |
What These Records Cannot Show
The court-martial year is a calendar year by trial date. Federal fiscal year 2016 ran from October 1, 2015 to September 30, 2016. Court-martial sentences are as adjudged at trial, before clemency or appeal, and federal terms are those imposed, not time served.
The records do not show the facts of each assault, the injuries, or why a case went to one system and not the other. Similar medians do not mean similar cases received similar sentences.
How We Counted
Courts-martial with a trial date in 2016 ending in a conviction for aggravated assault (Article 128) (10). Federal: people sentenced in fiscal year 2016 under guideline §2A2.2 (aggravated assault) (365), U.S. Sentencing Commission.
Federal fiscal years run from October 1 to September 30. No person, judge, or lawyer is identified in any of these records.
What to Keep in Mind
Who is in each set of numbers. The federal sentencing numbers come from the U.S. Sentencing Commission. They count only people who were convicted and sentenced in federal district court. People whose cases were dismissed or who were acquitted are not in them. The military numbers come from court-martial results, which include acquittals. To compare acquittal or dismissal rates, the federal side uses a different source: the Federal Judicial Center's case data, which counts every defendant whose case ended.
Different cases reach each system. Federal prosecutors bring a narrow set of cases. In fiscal year 2024, immigration and drug trafficking cases were 59% of everyone sentenced in federal court (36,664 of 61,678). Many crimes that the military prosecutes, such as most assaults, most sexual assaults between adults, and drug use, are usually state crimes for civilians and reach federal court only in special situations, such as on federal land or in Indian Country. A federal case and a court-martial for the same crime can involve different kinds of facts.
No parole in federal prison; credit for good conduct. Federal prison has no parole for crimes committed on or after November 1, 1987. A federal prisoner can earn up to 54 days of good conduct credit for each year of the sentence the judge imposed, which is about 15%. Some federal prisoners can also earn First Step Act time credits, but many offenses make a person ineligible. The numbers in this post are the sentences judges imposed, not the time people actually served.
Military confinement credit and parole. For military sentences adjudged after 2004, good conduct time is 5 days for each month of confinement, about 16%. Military prisoners can also earn up to 8 more days a month for work and programs and up to 2 days a month for special acts, with a limit of 15 days a month in total. Military prisoners can be considered for parole by their service's clemency and parole board. The military numbers in this post are the confinement adjudged at trial, not the time served.
Military sentences include punishments federal sentences do not. A court-martial sentence can include a punitive discharge (bad-conduct discharge, dishonorable discharge, or dismissal for officers), reduction in rank, and forfeiture of pay. These have no federal counterpart. A comparison of months of confinement leaves them out. A short confinement term combined with a dishonorable discharge is a heavier sentence than the months alone show.
Time periods. Federal numbers are by federal fiscal year (October 1 to September 30), based on the sentencing date. The military numbers are by trial date. Neither source has the date of the offense, so a change in law shows up in either data set gradually.
Offense categories do not line up exactly. Each comparison uses a federal offense group chosen to match the military article as closely as possible (see the crosswalk). Some matches are close; others are partial. The post says which federal guideline or statute was used and why it is not an exact match.
Related Analysis
- Military Moves Toward Sentencing Guidelines to Mirror the Federal System (the background article)
- Federal Prosecution Analysis (all federal posts)
- How the Federal Comparison Data Was Built (sources and method)
- Aggravated Assault: Federal Sentences vs. Article 128 Courts-Martial, 2016–2025 (overview)
- Aggravated Assault Sentences in 2017: Federal Court vs. Courts-Martial (previous or next year)
- Aggravated Assault Sentences Since the 2023 Military Sentencing Reform: What the Data Shows So Far
- Aggravated Assault: Federal Sentences vs. Air Force Courts-Martial, 2016–2025
- Aggravated Assault: Federal Sentences vs. Army Courts-Martial
- Aggravated Assault: Federal Sentences vs. Marine Corps Courts-Martial
- Aggravated Assault: Federal Sentences vs. Navy Courts-Martial, 2016–2025
- Aggravated Assault: Courts-Martial at Camp Lejeune vs. Federal Court in the Eastern District of North Carolina
- Aggravated Assault: Courts-Martial at Camp Pendleton vs. Federal Court in the Southern District of California
- Army Article 128 Cases by the Numbers, 2021–2025 (court-martial data)
- Article 128 Sentences in the Army: Confinement and Discharges, 2021–2025 (court-martial data)
- How Often Are Contested Army Article 128 Cases Acquitted? (court-martial data)
- When Army Accused Plead Guilty to Assault (court-martial data)
- Fewer or More? Assault Charges at Air Force Courts-Martial, 2016–2025 (court-martial data)
- What Sentence Follows an Air Force Assault Conviction? (court-martial data)
- Pleading Guilty to Article 128 in the Air Force: What Sentences Followed? (court-martial data)
- Navy-Marine Corps Article 128 Cases by the Numbers, 2017–2025 (court-martial data)
- What Sentence Follows a Navy-Marine Corps Assault Conviction? (court-martial data)
- Not Guilty Pleas in Navy-Marine Corps Article 128 Cases: What Happened at Trial (court-martial data)
- Guilty Pleas in Navy-Marine Corps Assault Cases: How Often, and What Came Next (court-martial data)
- Article 128 (Assault): Court-Martial Data and Trends (court-martial data)
- Article 128 UCMJ: Assault, Aggravated Assault, and Strangulation (law firm reference page)
- U.S. Sentencing Commission, Individual Offender Datafiles (source)
- Federal Judicial Center, Integrated Database (criminal defendants) (source)
About the author. Jocelyn C. Stewart is a retired Army JAG with more than 24 years of trying courts-martial and more than 200 jury trials. She hosts Where All The Bodies Are Buried and runs the Law Office of Jocelyn C. Stewart. This analysis is for education and information only. It is not legal advice, and every case is different.